Questions and Answers prepared by B&NES Council to accompany the summary of proposals for the Firs Field Open Space. This is reproduced for the information of the members of the Real Friends of the Rec.

Firs Field Open Space - Question and Answers.

Q. How did this proposal come about?

A. The ‘Friends of Firs Field' requested in February 2009 that the Council consider Village Green Status for Firs Field. The Friends of Firs Field agree with the Council's legal advice that the area does not meet the criteria for Village Green status. It is intended, however, that this proposal will give equivalent protections to those afforded a Village Green (the purpose of which is to ensure access to open space for outdoor recreations in perpetuity).

Q. Who will own the land?

A. It is envisaged that a 125 year lease will be arranged to transfer the ‘day to day responsibility & control' for the ‘blue' land to a restructured and renamed Recreation Ground Trust. In such event, the Council will continue to be the freehold owner of the land. Subject to Charity Commission agreement, the ‘pink' land may also be transferred on a basis that entirely respects the intention of the original Trust in respect of the use of the said ‘pink' land.

There may be an option considered to transfer the freehold of the land to the Recreation Ground Trust. In this circumstance the Council would wish to protect the future uses of the land by extending the covenants, or by providing for the land to be returned to the Council should the Recreation Ground Trust ever find itself in unforeseen difficulties in the future.

Q. How will the Combe Down community have influence over the use of the land?

A. The Trustees are presently appointed by the Council. The Council has indicated that the Recreation Ground Trust will make provision for a Trustee to be appointed to represent the interests of Combe Down and for a consultation group for Firs Field to be established, to advise the restructured Trust.

This arrangement could provide a model for any other parcels of land that may be transferred into the Trust in the future.

The Council will listen to representations from the local community who may wish to establish the ‘local consultative group' first, in consultation with the present Recreation Ground Trustees.

This ‘consultative group' could simply be the ‘Friends of Firs Field'.

Q. The charitable objectives of the Recreation Ground Trust include formal sport. Firs Field has never been marked out for formal sports. Is it necessary to allow formal sports on the open space?

A. The Recreation Ground Trust's objectives also include games, fetes and more informal uses of the space. These appear to be more in line with the uses of Firs Field. It is intended that the Recreation Ground Trust's objectives will be specific in respect of each area of land under its control.

Q. Can the remainder of the land that makes up the Firs Field open space be brought into the holding of the Recreation Ground Trust?

A. Until now the Council have only looked at those holdings in its ownership. The remaining land that makes up ‘Firs Field' is in the ownership of a third party. The Council may be prepared to examine the possibility of acquiring that land.

Q. What does this proposal have to do with Bath Ruby Club?

A. The Council (in its corporate capacity) and as Trustee of the Recreation Ground Trust has been seeking to resolve the ongoing use of the Recreation Ground both for the Bath Leisure Centre and for Bath Rugby. This requires a scheme acceptable to the Charity Commission and would be in accordance with the wishes of the beneficiaries of the Trust (the residents of Bath and its environs - including the residents of Combe Down) expressed during consultation by the Trust in 2007.

Sometimes two apparently different initiatives come together and solve issues that otherwise might appear immoveable. The proposal on Firs Field could release the land that the present rugby ground stands upon, for a more modern stadium (subject, of course, to planning requirements). This in turn would protect existing income from Bath Rugby for the Trust and generate additional income to the Recreation Ground Trust which could then be used to invest in the remaining area of the Recreation Ground and the other land over which the Trust has control i.e. Firs Field.

Q. What will happen next?

A. The Council is interested to hear views from the residents of Combe Down, including from the Friends of Firs Field who made the initial approach.

The Council cannot presently see any down side to the proposal and there are significant economic benefits for the City as a whole.

In any event any proposal would be subject to the agreement of the Charity Commission. In order to progress the matter the Charity Commission would no doubt wish to engage in a consultation process of its own.

As a consequence we believe the steps are:

• The Council will listens to the views of the residents of Combe Down.
• The full Council may wish to express a view.
• Any proposal will be made, in due course, to the Charity Commission who will wish (as part of their formal processes) to advertise the proposal in order to seek views themselves.
• In accordance with the local Government Act 1972 and otherwise the Council will advertise its intention with regard to Firs Field and consider any further issues that arise.
• A final decision will be made.

To complete all of these stages could take 6 to 12 months.

Q. The public meeting suggested that the play facilities need upgrading or refurbishing.

A. In the event of a transfer to a restructured and renamed Recreation Ground Trust the local consultative group could make recommendations for investment to the Recreation Ground Trustees (or the trustees of a new charitable organisation that provides a more wide ranging vehicle for a number of different pieces of land).

The Council is currently only obligated to spend money on Firs Field in order to fulfil its basic maintenance, ‘Health and Safety' responsibilities and whatever has been agreed in respect of Combe Down Stones Mines remedial works.

The Council is intending to commit £20,000 per annum to the Recreation Ground Trust specifically related to the maintenance responsibilities for Firs Fields. This will increase annually in line with inflation. Additional funding will be at the discretion of the Trust. The revised arrangements may well enable additional funding to be arranged with organisations that do not presently fund local authorities - e.g. other charitable trusts, National Lottery sources etc.

This document is prepared by Bath and North East Somerset Council, Guildhall, Bath, and is distributed from the 24^th July 2009.